[Federal Register Volume 78, Number 56 (Friday, March 22, 2013)]
[Notices]
[Page 17637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06678]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-805]


Certain Circular Welded Non-Alloy Steel Pipe from Mexico: Notice 
of Amended Final Results of Antidumping Duty Administrative Review 
Pursuant to Settlement

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce

DATES: Effective Date: March 22, 2013.

FOR FURTHER INFORMATION CONTACT: Mark Flessner or Robert James, AD/CVD 
Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
6312 and (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On April 9, 2010, the Department of Commerce (the Department) 
published the final results of its administrative review of the 
antidumping duty order on certain circular welded non-alloy steel pipe 
from Mexico. The period of review (POR) is November 1, 2007, through 
October 31, 2008.\1\
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    \1\ See Certain Circular Welded Non-Alloy Steel Pipe from 
Mexico: Final Results of Antidumping Duty Administrative Review and 
Rescission of Administrative Review in Part, 75 FR 20342 (April 19, 
2010) (Final Results).
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    In the Final Results, the Department assigned to Mueller Comercial 
de Mexico, S. de R.L. de C.V. (Mueller), an exporter of certain 
circular welded non-alloy steel pipe from Mexico to the United States, 
an adverse facts available (AFA) rate of 48.33 percent. The application 
of AFA was necessitated by Mueller's failure to cooperate with the 
Department and impeding this administrative review by ignoring multiple 
requests for information.
    Following the publication of the final results, Mueller filed a 
lawsuit with the United States Court of International Trade (CIT) 
challenging the Department's final results of administrative review.\2\ 
The Court remanded this matter to the Department ordering that the 
Department ``shall reconsider its determination not to apply the `all 
others' rate to Mueller's entries.'' See the Opinion at 23. The 
Department complied with the Court order and reconsidered its 
determination not to apply the ``all others'' rate to a non-cooperating 
respondent. In the Final Results of Redetermination Pursuant to Court 
Remand, for the reasons set forth in the review, the Department found 
the ``all others'' rate was not sufficient to deter non-compliance by 
Mueller.\3\
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    \2\ See Mueller Comercial de Mexico, S. de R.L. de C.V., and 
Southland Pipe Nipples Co., Inc. v. United States, Court No. 10-
00163, Slip Op. 11-159 (December 16, 2011) (the Opinion).
    \3\ See Final Results of Redetermination Pursuant to Court 
Remand: Certain Circular Welded Non-Alloy Steel Pipe from Mexico, 
Mueller Comercial de Mexico, S. de R.L. de C.V., and Southland Pipe 
Nipples Co., Inc. v. United States, Court No. 10-00163, Slip Op. 11-
159 (CIT December 16, 2011), dated May 14, 2012.
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    The United States and Mueller have now entered into an agreement to 
settle this dispute. The Court issued its Order of Judgment by 
Stipulation on February 27, 2013. Pursuant to the Court's Order of 
Judgment by Stipulation, the Department will order liquidation of the 
unliquidated entries of certain circular welded non-alloy steel pipe 
from Mexico, produced and/or exported by Mueller Comercial de Mexico, 
S. de R.L. de C.V., and entered or withdrawn from warehouse, for 
consumption in the United States, from November 1, 2007 through October 
31, 2008, at the rate of 40.475 percent agreed to by the parties.
    We are issuing this determination and publishing these final 
results of antidumping duty administrative review pursuant to 
settlement and notice in accordance with 19 U.S.C. 1516a(e).

    Dated: March 14, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-06678 Filed 3-21-13; 8:45 am]
BILLING CODE 3510-DS-P